English Electric Company Of India Ltd. vs Industrial Tribunal Madras And Anr. on 19 December, 1985
29. Apart from the terms of section 25C, a Division Bench of this Court has taken the view in Joseph (P) Vs. Gopal Textiles Mills (supra) that badli is a workman as defined in the Act and hence will be entitled to get lay-off compensation provided his name is borne on the muster-rolls and he completes 240 days of service. In the same decision, the Division Bench has observed that the right of badli to get lay-off compensation does not depend on right to get employment but on the fulfilment other conditions laid down in Section 2(kkk) and 25C of the Act. Sri Janakiraman wanted to rely on the ratio of this decision to contend that the relief of reinstatement sought by the casual workmen should not be made to depend on the right to get work. It must, however, be pointed out that the right of a badli who had competed 240 days of service to get compensation was squarely covered by an express statutory provision, and the ratio of that decision must be restricted only to the construction of Section 25C of the Act.